Source: All England Reporter
Publisher Citation: [2003] All ER (D) 232 (Apr)
Court: Employment Appeal Tribunal
Judge:

Burton J, Mrs D Palmer and Ms B Switzer

Representation The employee appeared by his representative.
  The employer appeared by its representative.
Judgment Dates: 22 January 2002

Catchwords

Employment - Employment tribunal - Procedure - Amendment - Issue of second application out of time - Employment tribunal dismissing employee's application to amend originating application and refusing to hear second application made out of time - Correctness of decision.

The Case

In the circumstances of the instant case, it had been incomprehensible for the employment tribunal not to have allowed the employee's original complaint to be amended, and to have refused to hear a second complaint, made out of time, as no prejudice had been caused to the employer. The employee's second application would therefore be consolidated with the first application and the two together remitted for further hearing before a different tribunal.

Practice Areas

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